UNITED INDIA INSURANCE COMPANY LIMITED Vs. BIMAL BHUMIZ @ MILAN BHUMIZ
HIGH COURT OF GAUHATI (AT: AGARTALA)
UNITED INDIA INSURANCE COMPANY LIMITED
Bimal Bhumiz @ Milan Bhumiz
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KALYAN RAI SURANA,J. -
(1.) Heard Mrs. RD Mozumdar, the learned counsel for the appellant. None appears on call for the respondents although notice has been duly served. Hence, this matter was heard ex-parte against them.
(2.) This appeal under Section 30 of the Workmen's Compensation Act, 1923, is directed against the judgment and order dated 19.10.2010 passed by the learned Commissioner, Workmen's Compensation, Golaghat in W.C. Case No.12/2010. This appeal was admitted by the order dated 06.01.2011 on the following substantial questions of law:
"1. Whether in view of the specific requirement of Section 3 of the W.C. Act, 1923, that personal injury/death is to be caused to a workmen in the course of employment then only the employer will be liable , the court below can in a perverse manner pass the judgment when there was no relation between the accident and employment of the deceased
2. Whether the court can ignore the documents as exhibited in the case and pass the judgment not based on the evidence on record?"
(3.) The facts involved in the W.C. Case No.13/2010 is that one Sunu Bhumiz @ Sonu Bhumiz was working in a Mini Truck bearing Registration No.AS-05/6463 and he had gone with some goods to be unloaded in the construction site at Barpathar. While unloading the goods, Sunu (the victim) got in contact with a live electric wire in the construction site as a result of which he sustained burn injuries and he fell on the ground and also sustained injuries due to fall. He was shifted to the Kushal Konwar Civil Hospital, Golaghat. However, he succumbed to his injuries. In this regard, the Barpathar Police U.D. Case No. 06/2009 dated 23.07.2009 was registered. His father, Bimal Bhumiz @ Milan Bhumiz has filed the claim petition before the learned Commissioner, Workmen's Compensation, Golaghat, by projecting that the monthly salary of the deceased was Rs.8,000/- per month excluding daily allowances and that at the time of his death the deceased was 20 years old leaving behind him the dependants i.e. his father and minor brother. The claim for compensation was for a sum of Rs.9,52,000/-.;
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